Terms of Service

These Terms of Service (“Terms”) govern your use of the Brandmage website at thebrandmage.com, the client platform at app.thebrandmage.com, and any services provided by Brandmage LLC (“Brandmage”, “we”, “us”, or “our”).

By accessing or using our website or platform, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree with any part of these Terms, please do not use our services.

Brandmage LLC provides web development, digital marketing, business automation, and SaaS platform services to small and medium-sized businesses, primarily in the local service and trades industries. Our offerings include, but are not limited to:

• Custom website design and development
• Search engine optimization (SEO) and local SEO
• Google Ads and paid digital advertising management
• Business automation and workflow tooling
• Access to the Brandmage platform (app.thebrandmage.com)
• Brand strategy and marketing consultation

The specific scope of services for any engagement is defined in the proposal, statement of work, or client agreement we provide. Services not explicitly included in that document are out of scope and may be subject to additional fees.

A successful engagement depends on both parties holding up their end. As a client or user, you agree to:

• Provide accurate information. You are responsible for the accuracy of the business details, branding materials, content, and any other information you provide to us. Providing false or misleading information may affect our ability to deliver services.
• Respond in a timely manner. Projects often depend on client feedback, approvals, and content delivery. Delays on the client side may affect project timelines. We are not responsible for deadline slippage caused by slow response times.
• Own or have rights to content. Any content you provide — including text, images, logos, and trademarks — must be content you own or have a legal right to use. You agree to indemnify Brandmage against any claims arising from unauthorized use of third-party intellectual property.
• Pay invoices on time. Services are contingent on payment according to the terms we agree upon. Failure to pay may result in work pausing or services being suspended.

All prices are in US dollars unless otherwise stated in your proposal or agreement. Payment terms vary by service type:

Intellectual property ownership works as follows:

• Client-owned deliverables. Upon receipt of full payment, you own the custom website content, copy, and visual designs created specifically for your project. Ownership transfers at the point that all outstanding balances are settled.
• Brandmage-retained rights. We retain ownership of underlying code frameworks, development tools, internal methodologies, and any reusable components or libraries that were not built exclusively for your project. These may be used in other client work.
• Portfolio rights. Unless explicitly agreed otherwise in writing, we reserve the right to display completed work in our portfolio, website, and marketing materials as examples of our work.

Access to the Brandmage platform is granted on a subscription basis. Your account is personal to you and may not be shared, resold, or transferred to another party without our written consent.

• You are responsible for maintaining the security of your login credentials. Notify us immediately if you suspect unauthorized access to your account.
• You agree not to use the platform to scrape, harvest, or collect data in ways that violate the terms of the underlying data sources, or for any unlawful purpose.
• We reserve the right to suspend or terminate accounts that violate these Terms, engage in abusive behavior, or represent a security risk.
• Data you input into the platform remains yours. Upon request, we will provide a data export. Following account termination, your data may be retained for up to 90 days before deletion.

Brandmage provides services with professional care and best-effort commitment to results. However, we cannot guarantee specific business outcomes, and our liability is limited accordingly.

To the fullest extent permitted by applicable law, Brandmage LLC shall not be liable for:

• Indirect, incidental, special, or consequential damages arising from your use of our services or platform.
• Loss of revenue, profits, data, or business opportunities, even if we were advised of the possibility of such losses.
• Failures or interruptions in third-party services, platforms, or APIs (including Google, HubSpot, Stripe, or hosting providers).
• Results from digital marketing or advertising campaigns. We commit to professional management and best practices — not guaranteed traffic, lead, or revenue outcomes.

In all cases, our maximum liability to you for any claim arising from the use of our services shall not exceed the total fees you paid to us in the 3 months preceding the claim.

Either party may terminate an ongoing service engagement with 30 days’ written notice. Notice should be sent via email to nick@thebrandmage.com or to the contact email on file.

Brandmage reserves the right to terminate services immediately and without prior notice in the following circumstances:

• Non-payment of outstanding invoices after reasonable notice has been given
• Material breach of these Terms or any client agreement
• Use of our platform or services for illegal or harmful activities
• Abusive, threatening, or harassing behavior toward our team

Upon termination, you will be billed for any work completed up to the termination date. For project-based work, the final billing will be prorated based on the percentage of work completed.

These Terms of Service are governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law principles.

Any disputes arising from or relating to these Terms or your use of our services shall be resolved in the state or federal courts located in Sarasota County, Florida. By using our services, you consent to the exclusive jurisdiction of those courts.

If you have questions about these Terms, want to discuss a specific engagement, or need to get in touch with us for any other reason, here is how to reach us: